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arising out of or resulting from breach of this Contract by <br />Grantee. Grantee shall defend the State of Hawaii, Agency, and <br />their officers, agents, and employees against any such action <br />or claim unless the action or claim involves an act or omission <br />solely of Agency, its officers, agents, or employees. <br />2. This section shall not be enforced if <br />Grantee is an agency of the State of Hawaii. <br />J. CONFIDENTIAL MATERIAL. <br />Any information, data, report, record, summary, <br />table, map, or study given to or prepared or assembled by <br />Grantee under this Contract which is identified as proprietary <br />or confidential information that Agency requests to be kept <br />confidential shall be safeguarded by the Grantee and shall not <br />be made available to any individual or organization other than <br />any subcontractor to which the material may relate, without <br />prior written approval of Agency. Grantee shall submit a <br />completed Privacy Certification for review and approval prior <br />to the expenditure of funds for the collection of identifiable <br />research/statistical data. All information, data, or other <br />material provided by the Grantee or the Agency shall be kept <br />confidential only to the extent permitted by law. <br />Rev. 06/07 2 ~ <br />